Effective August 1, 2004

RULE 6.6 DIVERSION FROM DISCIPLINE

A.Lawyer Assistance Program Committee. A lawyer assistance program committee is
established pursuant to Administrative Rule 49.

B.Cases Appropriate for Diversion from Discipline. The purpose of diversion from discipline
is to protect the public by improving the professional competence of and providing educational,
remedial, and rehabilitative programs to members of the association through:

1. The early identification of lawyers who have violated the North Dakota Rules of Professional
Conduct in ways which do not raise questions about the lawyer's moral fitness or integrity, but about
the lawyer's practice administration or organization, health, or competence.

2. The prevention of similar ethical violations by identified lawyers by altering the circumstances
which caused the violation.

3. The improvement of the quality and speed of formal disciplinary proceedings against those
lawyers whose conduct warrants formal proceedings by reducing recidivism and reallocating
disciplinary system time toward more serious disciplinary matters.

Cases involving poor administration, poor practice skills, alcohol or drug addiction or abuse, or other
deficiencies in professional capabilities are often best suited for diversion from discipline.

In considering a case for diversion from discipline, the reviewing entity shall determine whether,
under all of the circumstances, diversion from discipline can reasonably be expected to treat, educate,
or alter the respondent's behavior or otherwise address the underlying problem so as to minimize the
risks that the respondent will commit the same or similar acts of misconduct in the future. Such
circumstances include the nature of the violation; the duty involved; whether the respondent was
involved in self-dealing, dishonest conduct, or a breach of fiduciary duty; whether harm resulted; and
the absence or presence of aggravating or mitigating factors.

C. Intake and Screening. Referral to the lawyer assistance program can be initiated by any person
involved in discipline, including a lawyer against whom a complaint has been filed. The lawyer
assistance program will conduct appropriate intake and screening to determine whether a lawyer who
has been referred to the program would benefit from the lawyer assistance program.

D. Individualized Assistance Plan. If, after intake and screening, the lawyer assistance program
committee determines that a lawyer would benefit from the program, the committee will select a
person with expertise in the apparent problem area who will work with the lawyer to be assisted in
developing an individualized assistance plan. The individualized assistance plan shall be approved
by the committee. An individualized assistance plan might include, e.g., completion of an office
management training program, mentoring in office management skills, completion of an addiction
treatment program, an agreement for random testing for drugs and alcohol, or an agreement to obtain
appropriate professional counseling.

E. Approval of Individualized Assistance Plan. If participation in the lawyer assistance plan is
to be a condition of diversion from the discipline system, the assistance plan must be approved by
the entity currently considering the complaint against the lawyer, whether it is a district inquiry
committee, the disciplinary board, or the Supreme Court. The lawyer assistance program committee
shall be responsible for monitoring compliance with the individualized assistance plan and reporting
compliance or non-compliance to the entity that approved the plan.

F. Costs of Individualized Assistance Plan. A lawyer participating in the lawyer assistance
program is responsible for all costs associated with compliance with the lawyer’s individualized
assistance plan.

G. Confidentiality and Immunity. Information regarding a lawyer’s participation in a lawyer
assistance program is confidential under Administrative Rule 49, section 4.

Immunity of persons involved in the lawyer assistance program is governed by Administrative Rule
49, section 5.